The BHOA effort to prevent condemnation of a portion of BHOA common area by the Town of Carefree for the purpose of building a water reservoir has now failed at every Arizona judicial level, and there are no further BHOA actions before the Arizona Supreme Court at this time. The last remaining action relating to this issue is before the Arizona Court of Appeals where we see little basis to expect a different result. In Superior Court, the valuation phase that should conclude condemnation is now under way.
Below is the text of the Supreme Court order:
STATE OF ARIZONA
ROBERT BRUTINEL TRACIE K. LINDEMAN
Chief Justice Clerk of the Court
May 4, 2022
RE: THE BOULDERS HOMEOWNERS v HON. MARTIN/CAREFREE
Arizona Supreme Court No. CV-22-0039-PR
Court of Appeals, Division One No. 1 CA-SA 21-0233
Maricopa County Superior Court No. CV2021-006704
The following action was taken by the Supreme Court of the State of Arizona on May 3, 2022, in regard to the above-referenced cause:
ORDERED: Petition for Review = DENIED.
FURTHER ORDERED: Request for Attorneys’ Fees (Petitioner The Boulders Homeowners Association) = DENIED.
Tracie K. Lindeman, Clerk